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Publication date: 03.10.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Termination of pretrial investigation is a procedural act that leads to a temporary suspension of investigative actions in criminal proceedings. This can happen on various grounds determined by legislation, in particular the Criminal Procedure Code of Ukraine.
Grounds for stopping the pre-trial investigation:
A detailed description of the grounds for stopping the pre-trial investigation in accordance with Part 1 of Article 280 of the Criminal Procedure Code of Ukraine:
- Serious illness of the suspect: If the suspect has a serious illness that prevents his participation in the criminal proceedings, the pre-trial investigation may be stopped. It is important that this be confirmed by a medical opinion, which should contain information about the suspect's health and the reasons why he cannot be present at the proceedings. This norm is aimed at ensuring the suspect's rights and meeting his medical needs.
- Wanted suspect: If a suspect is wanted, the pre-trial investigation can also be stopped. This is necessary so that the bodies of the pre-trial investigation have the opportunity to take the necessary measures for his search. At this time, the proceedings cannot proceed until the suspect is located or appears.
- Refusal to grant a request for a special pre-trial investigation (paragraph 2-1): If the investigating judge refused to grant a request for a special pre-trial investigation, this is also a ground for suspension. A special pre-trial investigation may be necessary if there are circumstances that make it difficult to conduct an ordinary pre-trial investigation, for example, in relation to persons who are hiding from the investigation.
- Necessity to perform procedural actions within the framework of international cooperation: In the case when there is a need for international cooperation for the pre-trial investigation (for example, to obtain evidence from other countries or conduct international searches), the pre-trial investigation can be stopped until the completion of these procedural actions. This ensures the possibility of obtaining the necessary materials and confirms the importance of international cooperation in criminal cases.
Appealing the decision to stop the investigation:
According to Article 304 of the Criminal Procedure Code of Ukraine, a person has the right to file a complaint against the decision, actions or inaction of an investigator, inquirer or prosecutor within ten days from the moment when:
- If the person witnessed the decision, the deadline for filing a complaint begins from that moment.
- If a person witnessed a specific action or inaction, the term begins to count from the moment it was committed.
- If the decision of the investigator, inquirer or prosecutor is formalized in the form of a resolution, the term for filing a complaint begins from the day the person received a copy of this resolution.
Key points:
- Deadline: 10 days from the day of receiving a copy of the decision to stop the pre-trial investigation is the standard deadline for filing a complaint.
- Formalization: If the decision is formalized as a resolution, it is important to take into account the moment of receipt of the copy, since it is from this moment that the term begins to count.
- Subjects: A complaint may be filed by any person who believes that their rights have been violated as a result of the actions, inactions, or decisions of those persons.
Question
Can they return the complaint?
Answer
A complaint against the decision, actions or inaction of an investigator, inquirer or prosecutor may be returned on the following grounds: if the complaint was filed by a person who does not have the right to do so (for example, if the person is not interested in the case or does not have the appropriate authority). If the complaint is not subject to consideration in this court (for example, if the case does not fall under the jurisdiction of this court). If the complaint is filed after the expiration of the 10-day period established for filing a complaint, and the person does not request an extension of this period, or if the investigating judge does not find grounds for its extension. The investigating judge must issue a decision to return the complaint. A copy of the decision on the return of the complaint is immediately sent to the person who filed it, together with the complaint itself and all the materials attached to it. In order to avoid the return of the complaint, a lawyer in criminal proceedings is necessary.
Question
What are the features of complaint consideration?
Answer
In general, complaints are heard by an investigating judge of a local court. In cases involving criminal offenses under the jurisdiction of the High Anti-Corruption Court, complaints are considered by the investigating judge of this court. Complaints about decisions, actions or inaction during the pre-trial investigation must be considered no later than 72 hours after they are received. Complaints on the decision to close criminal proceedings are considered in a shorter time frame - no later than 5 days from the moment of receipt. The review of complaints is carried out with the mandatory participation of: the person who filed the complaint (or his/her lawyer), the investigator, inquirer or prosecutor, whose actions are contested. The absence of an investigator, inquirer or prosecutor is not an obstacle to considering a complaint, which ensures the efficiency of the process.
Services of a lawyer in criminal cases prices
A lawyer in criminal cases can provide a wide range of services for challenging the decision of an investigator, investigator or prosecutor. Here are the main steps and services that may be included:
Consultation with a lawyer in criminal cases: A lawyers in a criminal case will help to understand the essence of the decision and the possibilities for appeal. Together with the client, the criminal lawyer determines whether there are grounds for appeal (for example, violation of procedural rights).
Assistance of a online criminal lawyer in a case in preparing a complaint: A lawyer in a criminal case prepares a professional text of the complaint, which will contain all the necessary arguments and references to the norms of the law. A criminal lawyers can assist in gathering and filing evidence that supports the client's position. The criminal case lawyer files a complaint with the appropriate court and ensures compliance with all procedural deadlines. Conducting all necessary correspondence and communication with judicial authorities.
Representation at the hearing: A lawyer in criminal cases prepares the client to participate in the court hearing, explains procedural issues. If necessary, the lawyer can collect additional materials or testimony confirming the position. A lawyer in criminal proceedings represents the client's interests in court, makes arguments and conducts debates. After the process is completed, the lawyer advises the client on possible next steps.
Due to his professional training and experience, a help of a lawyer in a criminal case is a key figure in the process. It not only provides legal protection, but also promotes fairness in the judicial process, helping to avoid errors that could lead to wrongful convictions. A private criminal lawyer in criminal cases can significantly influence the outcome of the case, so his role in the criminal process is integral.
